36Pre-existing rights

36 Pre-existing rights The body corporate may exercise the rights of the original owner under a contract entered into before the scheme was formed for work carried out, or to be carried out, in relation to the common property. 37 Unit (1) A unit of a scheme is a lot: (a) created on the registration of a plan of subdivision or plan of consolidation; and (b) specified as a unit in the scheme statement by reference to a cubic space, a parcel of land unlimited in its vertical dimensions, or both. Example for subsection (1)(b) A unit comprising an apartment and courtyard. (2) Except as otherwise specified in the scheme statement, a fixed structure (including, for example, a ceiling, floor or wall) separating a unit from another lot is not part of the unit. (3) A unit may be specified in the scheme statement as a unit for immediate occupation or further development. (4) A unit may form the whole of the scheme land of a subsidiary For the formation of a subsidiary scheme, see section 63(1). (5) A reference to a unit of a scheme that has a subsidiary scheme does not include a reference to a unit of the subsidiary scheme. Note for subsection (5) In general, a scheme operates independently of its subsidiary schemes and higher schemes. See section 68(3).

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